Tobacco Products and Electronic Delivery Systems Control Bill poised to revolutionize industry with strict regulations
South Africa is stepping up its efforts to regulate tobacco and nicotine products, with new laws that aim to curb smoking and vaping across the country.
The Department of Health recently introduced the Tobacco Products and Electronic Delivery Systems Control Bill, which has been approved by the Cabinet and is now on its way to Parliament.
Once passed, this bill will replace outdated regulations that have been in place for nearly three decades.
South Africa's Tobacco Products and Electronic Delivery Systems Control Bill also outlaws online retailers. While traditional tobacco products have already been banned for sale online and delivery, e-retailers play a major role in the vaping industry.
Once law, the sale, supply, and distribution “of a relevant or related products to a consumer through the postal services, courier services, the internet or any other electronic medium” will be prohibited
Aims of the new bill:
The Department of Health has made it clear that the goal of this new legislation is to protect public health.
By introducing stricter controls, the department hopes to deter people – especially children – from picking up smoking and vaping, encourage current users to quit, and safeguard non-smokers from second-hand smoke.
The bill makes a clear distinction between traditional tobacco products, like cigarettes, and electronic nicotine delivery systems, such as vapes. However, the regulations for both are similarly stringent.
100% free smoke-free public places
One of the significant changes proposed in the bill is the prohibition of smoking or vaping in enclosed public spaces, as well as certain open public areas.
This means that whether you smoke traditional cigarettes or use a vaping device, you won’t be allowed to do so in places where non-smokers or children are present.
The bill also extends to private spaces, making it illegal to smoke or vape in the company of a child or non-smoker in your own home.
Regulating electronic cigarette use
Another notable regulation is the requirement for plain packaging. Both cigarettes and vaping products will need to be sold in packaging with minimal branding and prominent health warnings.
These products won’t be on display in stores anymore; instead, they’ll only be available upon request by adult customers.
Removal of points of sale advertisement and marketing
The bill seeks to regulate the advertising and marketing of tobacco products and electronic delivery systems. Advertising and promoting any of these products will be prohibited.
This includes television or radio adverts, billboards, giving samples for free, sending electronic communication to market the product and competitions.
Retailers would not be allowed to display any of these products and can only make them available upon request from a person over 18.
Younger people take the most notice of tobacco promotion, and when it comes to e-cigarettes, regulating advertising is critical
Concerns and criticism
Not everyone is in favour of the proposed changes. Critics have voiced concerns that the bill could drive consumers towards the illicit market, where products are often more dangerous and less regulated.
They also argue that the bill doesn’t offer practical solutions for helping people quit smoking or reduce harm, which they believe should be a priority.
There’s also concern about the economic impact of the bill. Approximately 2.2 million informal traders who rely on cigarette sales could face significant losses, leading to potential job cuts in the tobacco industry.
Additionally, critics are concerned about the possibility of increased illicit trade, reduced tax revenue, and the lack of consideration for small traders and farmers who depend on the tobacco economy.
The bigger picture
Despite these concerns, the Department of Health stands firm on the necessity of the bill.
The department argues that the legislation will not only strengthen public health protections but also bring South Africa’s tobacco laws in line with global standards, particularly the World Health Organization’s Framework Convention on Tobacco Control.
As Parliament prepares to debate the bill, all eyes will be on the outcome. The legislation reflects a broader effort by the South African government to take a tougher stance on tobacco and nicotine use, in the hopes of creating a healthier future for all citizens.
The reintroduction of the Tobacco Products and Electronic Delivery Systems Control Bill is set for this week, on September 4.
As the debate unfolds, it remains to be seen how South Africa will balance public health concerns with the economic realities faced by those who rely on the tobacco industry.